All notes for Subtopic 1102.03000 – Other

DecisionDescriptionPERC Vol.PERC IndexDate
2575M Service Employees International Union Local 521 (Garcia)
1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
Charging Parties alleged that their exclusive representative had breached its duty of fair representation by: (1) inducing Charging Parties to continue working misclassified overtime hours with false assurances that they would be fully compensated for all overtime hours worked if the organization prevailed in its grievance against the employer; (2) urging an arbitrator to award all employees an equal lump sum payment to remedy the grievance and capping the employer’s total liability, rather than awarding full back pay only to those employees who actually worked the misclassified hours; and, (3) failing to provide notice and opportunity for input and/or misleading Charging Parties regarding the status of settlement negotiations and the terms of an arbitrator’s opinion and award, despite requests by Charging Parties for such information. The Office of the General Counsel dismissed the charge for lack of jurisdiction over the arbitrator, lack of ripeness for review, and/or failure to state a prima facie case of an unfair practice. more or view all topics or full text.
432206/28/18
2575M Service Employees International Union Local 521 (Garcia)
1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
The Board denied an appeal and adopted the dismissal of an unfair practice charging alleging a breach of the duty of fair representation arising from damages allegedly suffered as the result of an arbitrator’s opinion and award in a grievance brought by the exclusive representative on Charging Parties’ behalf. An arbitrator is not a proper respondent in an unfair practice and therefore PERB had no authority to review the arbitrator’s opinion and award to determine if its provisions constituted an unfair labor practice. Additionally, the facts, as alleged in the charge, demonstrated that Charging Parties had notice and opportunity to give their input before their representative entered into a tentative agreement to settle the dispute and that, because the tentative settlement agreement was never finalized, any harm suffered by Charging Parties was not attributable to the representative’s acts or omissions. more or view all topics or full text.
432206/28/18
2231Ma Stanislaus Consolidated Fire Protection District
1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
A deferral to arbitration claim is not jurisdictional and therefore must be raised as an affirmative defense to an unfair practice charge in a timely manner, or it is waived; where neither the issuance of the complaint nor the dismissal of the remaining allegations by the Office of General Counsel occurred until approximately one month after the arbitration, and the respondent knew long before the arbitration that the grievances concerning the Union Time Bank were subject to binding and final arbitration and never raised the issue of deferral to grievance arbitration during the charge processing stage of the PERB proceedings, raising deferral to arbitration for the first time in a request for reconsideration was untimely, and therefore waived. more or view all topics or full text.
3618505/23/12
2155M County of Orange * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) Decision No. 2349- M
1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
An arbitration clause in a grievance process does not continue in effect after the expiration of the contract except for disputes that: (1) involve facts and occurrences that arose before expiration; (2) involve post-expiration conduct that infringes on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, survive the expiration of the agreement. more or view all topics or full text.
352401/18/11
1517H Coalition of Unviersity Employees (Buxton)
1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
Arbitration is available where the contract has expired if disputes involve events that occurred before expiration or involve post-expiration conduct that infringes on rights accrued or vested under the agreement not that this case held. more or view all topics or full text.
275104/07/03

1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
A favored means of resolving labor disputes in the state, arbitration eases the burdens on courts while resolving disputes quickly and inexpensively. more or view all topics or full text.

1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
The Steelworkers Trilogy does not apply to an action brought by a union to compel county to arbitrate dispute over denial of merit pay increase. The government power vested in the county is not given to an arbitrator unless specifically provided for in the MOU. Policy of broad arbitrability in the private sector does not translate to the public sector. more or view all topics or full text.
A262E Monterey Peninsula Unified School District
1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
PERB's jurisdiction is specifically described in the EERA. Thus, PERB's role in resolving questions of arbitrability is derived directly from California law; p. 8. The specific statutory limits on PERB's jurisdiction make it essential that PERB base its deferral to arbitration decision directly on the provisions of EERA. It is not appropriate for the Board to revise its jurisdictional standard in consideration of a particular federal court decision on arbitrability which is not based on specific California law governing this issue; p. 9. more or view all topics or full text.
192600511/02/94
0962S State of California, Department of Youth Authority
1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
The Board adopts Litton Financial Printing Div. and finds that arbitration clauses do not continue in effect after expiration of a collective bargaining agreement except for disputes that: (1) involve facts and occurrences that arose before expiration; (2) involve post-expiration conduct that infringes on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, survive expiration of the agreement. The Board, therefore, overrules that portion of Anaheim City School District (1983) PERB Decision No. 364 which held that arbitration survives expiration of the agreement unless expressly or impliedly excluded; pp. 10-11. more or view all topics or full text.
172401912/04/92
0206E Moreno Valley Unified School District
1102.3000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
District's refusal to engage in advisory arbitration after expiration of contract not unlawful. The right to compel arbitration is creature of contract. PERB has no authority to enforce agreements; pp. 26-27, proposed dec. more or view all topics or full text.
61310704/30/82